46 Iowa 670 | Iowa | 1877
II. It is claimed that the court erred in admitting in evidence the conductor’s book and the telegraph operator’s book, showing the arrival and departure of trains. The abstract shows that counsel for the State offered these books in evidence, that defendant objected to them as incompetent and immaterial, that the'court reserved the question for consideration and after the argument had begun overruled the objection, but that the books were not read in evidence nor in any way referred to in argument. Whilst the court ruled the evidence was competent, it does not appear that the counsel for the State availed himself of the ruling. The abstract does not show that the books were introduced.
Y. At the March term, 1876, the defendant appeared, waived arraignment, and entered a plea of not guilty. At the same term, upon motion of the district attorney, a continuance was granted on account of the absence of witnesses. At the October term the defendant appeared and filed a motion to dismiss the cause for the want of diligent prosecution. This motion, we think, was, under the circumstances, properly-overruled.
YII. It is further claimed that the verdict 'is not supported by sufficient testimony. A careful examination of the evidence introduced satisfies us that we cannot, upon this ground, disturb the verdict.
YIII. The defendant was sentenced to the penitentiary for four years. It is insisted that this sentence is excessive. The sentence is one year less than the maximum period allowed by the Code. A large discretion is vested in the nisi prius courts, in the pronouncing of sentences in criminal cases. We are not satisfied that there has been any abuse or improper exercise of that discretion in this case, nor do we think that the record presents a case in which it would be proper for us to reduce the amount of punishment. We have carefully examined the evidence admitted, and the instructions given, and, without in detail considering the other objections urged, we are of opinion that the record discloses no prejudicial error.
Affirmed.